Richard Anthony Garza v. Steve Smith

Summary

The United States District Court for the Eastern District of California adopted in full the magistrate judge’s findings and recommendations concerning Richard Anthony Garza’s 28 U.S.C. § 2254 habeas petition. The court granted the respondent’s motion to dismiss, dismissed the petition as noncognizable and otherwise deficient, and directed the clerk to close the case.

Holdings

1. A challenge to the admission of parole-suitability-hearing transcripts at resentencing proceedings is not cognizable in federal habeas corpus.
2. The ineffective-assistance claim could not proceed because it was moot and unexhausted, and there is no federal constitutional right to counsel in state post-conviction proceedings.
3. The respondent's motion to dismiss was granted, the habeas petition was dismissed, and the case was closed.

Questions Presented

1. Whether Garza's challenge to the admission of parole-suitability-hearing transcripts at his resentencing proceedings stated a cognizable federal habeas claim.
2. Whether Garza's ineffective-assistance-of-counsel claim stated a cognizable federal habeas claim and could proceed despite being moot and unexhausted.
3. Whether respondent's motion to dismiss should be granted and the habeas petition dismissed.

Disposition

dismissed